Wooster

The plaintiff in this proceeding sought hy mandamus to compel the defendants, as the board of education of the Fresno city high school, to reinstate him as a student of the school, from which he had been previously expelled hy an order of the hoard. The judgment of the lower court was given in favor of the defendants, from which and from an order denying a new trial the plaintiff has appealed upon the judgment-roll and a statement of the case used upon the hearing of the motion for a new trial.

The facts of the case are substantially these: During the year 1913 the plaintiff was a student in the Fresno city high school; and just before the close of the school term, and before he had taken his final examinations, the plaintiff, during school hours, in the assembly hall of the school, delivered an address to the student body of the school, wherein he declared in substance that the auditorium, the chemistry room, and the domestic science department of the school, all of which were located in the same building, were unsafe because of the possibility of fire; and then denounced the defendants for compelling the students to hold their mass meetings, social entertainments, and class…